Aug 31,2025 Citizens

279 / CP Mumbai/ restriction of citizen entry in Police Commissioner Compound / Ghanti road JT CP miscalculation FIR folder and file

Date: 31.8.25

279 / CP Mumbai/ restriction of citizen entry in Police Commissioner Compound / Ghanti road JT CP miscalculation FIR folder and file 

From,

Kamlakar Shenoy: 9920775798

To,

The Commissioner of Police, Mumbai

And

The Joint Commissioner of Police, Economic Offences Wing (EOW), Mumbai

Subject: Restriction imposed on citizens by issuing oral orders to prevent citizens from entering the offices in Police Commissioner Compound, compelling them to call the officer and take his permission to enter the office
 

Respected Sir(s),

I, am constrained to bring to your urgent notice a matter of grave concern relating to violation of fundamental rights of citizens in accessing police officers and meeting police officers at the Police Commissioner Compound and at office of JT CP EOW, Crawford market, Mumbai-400001.

1. It has come to notice that at the security check point of police Commissioner compound and EOW premises, the security personnel are compelling citizens, including myself, to call the concerned officer before being permitted to enter the premises. This practice is arbitrary, unlawful, and a direct infringement of fundamental rights.
 

2. Every citizen has a fundamental right under Article 14 (equality before law), Article 19(1)(a) & (d) (freedom of speech and expression and right to move freely), and Article 21 (protection of life and personal liberty) of the Constitution of India, to approach the police authorities for redressal of grievances. Visiting a police station or meeting a police officer in police department, is a part of the due process and cannot be subjected to arbitrary restrictions.
 

3. There can be no restriction on entering police premises after a citizen has voluntarily undergone security checks. The State, through its police force, is duty bound under Sections 154, 155, 156, and 173 of the Code of Criminal Procedure (CrPC) / Bharatiya Nagarik Suraksha Sanhita (BNSS) to receive complaints, register FIRs, investigate, and report to the Magistrate. Any obstruction in accessing the police station is, therefore, an obstruction in the administration of justice.
 

4. It is further reliably learnt that the security personnel are citing “oral orders” allegedly issued by the Joint Commissioner of Police, EOW. It is well settled under Indian law that:

1. No oral order having the effect of restricting a citizen’s legal rights is valid in law.
2. Article 13(3) of the Constitution provides that any law or order inconsistent with fundamental rights is void.
3. The Supreme Court has repeatedly held (e.g., in State of Bihar v. D.N. Ganguly and others) that executive instructions or oral directions which affect legal rights must be issued in writing, traceable to a statutory source, and must be reasonable and non-arbitrary.
    

5. It is also pertinent to mention that nearly ten years ago, technology at the EOW premises permitted a simple and effective system — once a citizen’s mobile number was entered into a machine, it would instantly provide all necessary verification details. Now, despite tremendous advancements in technology, the present security process is regressing rather than improving. The bag-scanning machine, which is vital for security and transparency, has been closed and non-functional for several months. Citizens are thus subjected to inconvenience, arbitrary questioning, and delays without any technological safeguards. This clearly calls for immediate corrective measures to restore efficiency, transparency, and accountability in security procedures.
 

6. The police, being public servants, are governed by Section 166A of the Indian Penal Code (IPC) and similar provisions under the Bharatiya Nyaya Sanhita (BNS), which criminalise disobedience of legal directions and causing injury by acting contrary to law. Preventing citizens from entering a police station without lawful authority amounts to wrongful restraint under Section 341 IPC/BNS, and can also constitute dereliction of duty.
 

7. The Police Manual and Standing Orders governing public access to police stations require that a public counter and complaint desk be available to all citizens, ensuring transparency and accountability. Any deviation without lawful authority violates these binding norms.

8. I therefore call upon you to:

1. immediately withdraw any oral or written instructions, if issued, that restrict citizens from entering EOW or any police station premises after completion of security checks.
2. Repair and reinstate proper security equipment, including functional bag-scanning machines and efficient identity verification technology, to avoid arbitrary interference and restore smooth lawful access for the public.
3.  Issue clear written directions to all security personnel and officers to allow free and safe access to any citizen seeking lawful redress, without requiring prior telephonic permission.
4. Initiate inquiry and disciplinary action against those responsible for enforcing such arbitrary restrictions.
5. Confirm in writing that there are no lawful restrictions on citizens exercising their right to approach the police.
    

 

This issue touches upon the very foundation of a citizen’s trust in the rule of law and police accountability. I expect urgent remedial action to rectify the situation and a written response confirming the same.
 

Sincerely,

 

 

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